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Parking Fine

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blake72

Guest
What is the name of your state? Arizona

In late June, my apartment complex repaved the parking lot. They handed out maps, showing us where to park and what dates they would be repaving. I followed their instructions, but my father who was my guest did not and was towed. The towing company towed him around the building, but not off the premises. 3 weeks later, I get home and find a notice telling me that I need to pay the 25.00 towing fee that I knew nothing about. I called the office asked what was going on and was told they would check. I told her that I assumed it was about my father's car. She said she'd "check into it" and call me back. Over a week passed and I finally received a letter, telling me I was responsible for my father and attached was one page from the Arizona Tenanat Landlord Act. The apartment manger hi-lighted what she thought applied. She marked sections that were dealing with criminal activities like prostitution and drug dealing. I wrote back a response and dropped it off the same day. A few days later, she left a message telling me she was "confused" by my letter, but she was "looking into it" and that she would call me back, "probably tomorrow". Eight days passed and no repsonse. I called left a message and another two weeks passed. I found the email address of the CEO of the apartment property company. Gave him a brief outline and requested a response. He sent me a response, saying he was open to suggestion. I told him I suggested he pay me back for the towing that I was strong armed into paying. He responed with an emphatic no. The Arizona Landlord Tenant agreement states that I'm am responsible for making my guests behave to the best of my ability. I showed my father several times the map and told him verbally at least twice. I maintain that they should have billed him all along and that I did everything in my power to have in park where he should have. Can I legally be held responsible for this. I have been told yes by one attorney and no by two others. One told me to take it to small claims.
 


HomeGuru

Senior Member
blake72 said:
What is the name of your state? Arizona

In late June, my apartment complex repaved the parking lot. They handed out maps, showing us where to park and what dates they would be repaving. I followed their instructions, but my father who was my guest did not and was towed. The towing company towed him around the building, but not off the premises. 3 weeks later, I get home and find a notice telling me that I need to pay the 25.00 towing fee that I knew nothing about. I called the office asked what was going on and was told they would check. I told her that I assumed it was about my father's car. She said she'd "check into it" and call me back. Over a week passed and I finally received a letter, telling me I was responsible for my father and attached was one page from the Arizona Tenanat Landlord Act. The apartment manger hi-lighted what she thought applied. She marked sections that were dealing with criminal activities like prostitution and drug dealing. I wrote back a response and dropped it off the same day. A few days later, she left a message telling me she was "confused" by my letter, but she was "looking into it" and that she would call me back, "probably tomorrow". Eight days passed and no repsonse. I called left a message and another two weeks passed. I found the email address of the CEO of the apartment property company. Gave him a brief outline and requested a response. He sent me a response, saying he was open to suggestion. I told him I suggested he pay me back for the towing that I was strong armed into paying. He responed with an emphatic no. The Arizona Landlord Tenant agreement states that I'm am responsible for making my guests behave to the best of my ability. I showed my father several times the map and told him verbally at least twice. I maintain that they should have billed him all along and that I did everything in my power to have in park where he should have. Can I legally be held responsible for this. I have been told yes by one attorney and no by two others. One told me to take it to small claims.
**A: you are responsible so pay the fine.
 

I AM ALWAYS LIABLE

Senior Member
blake72 said:
What is the name of your state? Arizona

In late June, my apartment complex repaved the parking lot. They handed out maps, showing us where to park and what dates they would be repaving. I followed their instructions, but my father who was my guest did not and was towed. The towing company towed him around the building, but not off the premises. 3 weeks later, I get home and find a notice telling me that I need to pay the 25.00 towing fee that I knew nothing about. I called the office asked what was going on and was told they would check. I told her that I assumed it was about my father's car. She said she'd "check into it" and call me back. Over a week passed and I finally received a letter, telling me I was responsible for my father and attached was one page from the Arizona Tenanat Landlord Act. The apartment manger hi-lighted what she thought applied. She marked sections that were dealing with criminal activities like prostitution and drug dealing. I wrote back a response and dropped it off the same day. A few days later, she left a message telling me she was "confused" by my letter, but she was "looking into it" and that she would call me back, "probably tomorrow". Eight days passed and no repsonse. I called left a message and another two weeks passed. I found the email address of the CEO of the apartment property company. Gave him a brief outline and requested a response. He sent me a response, saying he was open to suggestion. I told him I suggested he pay me back for the towing that I was strong armed into paying. He responed with an emphatic no. The Arizona Landlord Tenant agreement states that I'm am responsible for making my guests behave to the best of my ability. I showed my father several times the map and told him verbally at least twice. I maintain that they should have billed him all along and that I did everything in my power to have in park where he should have. Can I legally be held responsible for this. I have been told yes by one attorney and no by two others. One told me to take it to small claims.


My response:

You stated that the owner said, "The Arizona Landlord Tenant agreement states that I'm am responsible for making my guests behave to the best of my ability."

Then, you stated, "I did everything in my power to have in park where he should have."

I suggest that you didn't, and so will a judge when the judge asks you, "Did you physically go outside to inspect where your father had parked when he came to visit you?"

I maintain that you didn't "inspect" anything, and therefore, you didn't "[do] everything in my power to have in park where he should have."

If you had inspected where he parked, it is a sure bet that you would have grabbed the keys, and moved the car yourself.

No, my friend, the owner is correct. You failed in your duty to the owner, and you are "on the hook" for the $25.00.

Case closed.

IAAL
 
T

theother

Guest
Since you think that they should have billed your father since he ignored your instructions and parked in the wrong spot, why don't you just get him to pay you back? Wouldn't that be easier then trying to get them to refund your money and bill him? Besides, how would you even pursue this in a cost-effective manner legally? Isn't the filing fee for small claims and the value of your time more than $25?
 
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I AM ALWAYS LIABLE

Senior Member
theother said:
Since you think that they should have billed your father since he ignored your instructions and parked in the wrong spot, why don't you just get him to pay you back? Wouldn't that be easier then trying to get them to refund your money and bill him? Besides, how would you even pursue this in a cost-effective manner legally? Isn't the filing fee for small claims and the value of your time more than $25?

My response:

TheOther, you have completely misunderstood this thread.

The father has NO duty to reimburse his son, the original writer, and the original writer has NO right to ask his father for reimbursement.

The father had NO "notice" of the new parking restrictions, and even if he did, he doesn't have to follow the rules because he's a visitor to the apartments. The father has no DUTY to do anything. The "DUTY" solely, and completely, falls on the shoulders of our writer because our writer is the tenant, is in privity of contract with the owner, and has agreed to obey the "Arizona Tenant Landlord Act." Additionally, our writer was the one who had written "notice" about the parking, and had a continuing duty to see to it that all visitors, including his father, obeyed the rules.

As I said, our writer should have "physically" gone out to inspect his father's parking, and taken action to comply with the rules of the apartment complex.

IAAL
 
T

theother

Guest
I'm sorry, IAAL, I wasn't trying to contradict you. I understood when you said that he was completely legally responsible for the ticket. I should have worded it differently. I wasn't so much trying to give him legal advice, it was more like "geez, guy, if you feel that strongly that it's your dad's fault, why don't you go ask him (and he has every right to tell you to pound sand) and stop bugging your landlord over your measly 25 bucks." I didn't mean to suggest that his dad had to pay him back. I'll go sit in the corner now.


P.S. Could you possibly look at my thread in custody/visitation/support? Pretty please?
 
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I AM ALWAYS LIABLE

Senior Member
theother said:
I'm sorry, IAAL, I wasn't trying to contradict you. I understood when you said that he was completely legally responsible for the ticket. I should have worded it differently. I wasn't so much trying to give him legal advice, it was more like "geez, guy, if you feel that strongly that it's your dad's fault, why don't you go ask him (and he has every right to tell you to pound sand) and stop bugging your landlord over your measly 25 bucks." I didn't mean to suggest that his dad had to pay him back. I'll go sit in the corner now.


P.S. Could you possibly look at my thread in custody/visitation/support? Pretty please?

My response:

So, basically what you're saying is that your "tag line" is wrong.

Yes, I'll take a look - - if I can find it.

IAAL
 

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